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Illinois House Bill HB4618

Illinois 2023-2024 Regular Session

Illinois House Bill HB4618 Compare Versions

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11 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4618 Introduced , by Rep. Harry Benton SYNOPSIS AS INTRODUCED: 105 ILCS 5/7-1 from Ch. 122, par. 7-1 Amends the Boundary Changes Article of the School Code. With respect to a petition to change school district boundaries, provides that the length of time for signatures to be valid, before the filing of the petition, shall not exceed one year (rather than 6 months). Effective immediately. LRB103 38871 RJT 69008 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4618 Introduced , by Rep. Harry Benton SYNOPSIS AS INTRODUCED: 105 ILCS 5/7-1 from Ch. 122, par. 7-1 105 ILCS 5/7-1 from Ch. 122, par. 7-1 Amends the Boundary Changes Article of the School Code. With respect to a petition to change school district boundaries, provides that the length of time for signatures to be valid, before the filing of the petition, shall not exceed one year (rather than 6 months). Effective immediately. LRB103 38871 RJT 69008 b LRB103 38871 RJT 69008 b A BILL FOR
22 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4618 Introduced , by Rep. Harry Benton SYNOPSIS AS INTRODUCED:
33 105 ILCS 5/7-1 from Ch. 122, par. 7-1 105 ILCS 5/7-1 from Ch. 122, par. 7-1
44 105 ILCS 5/7-1 from Ch. 122, par. 7-1
55 Amends the Boundary Changes Article of the School Code. With respect to a petition to change school district boundaries, provides that the length of time for signatures to be valid, before the filing of the petition, shall not exceed one year (rather than 6 months). Effective immediately.
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1111 1 AN ACT concerning education.
1212 2 Be it enacted by the People of the State of Illinois,
1313 3 represented in the General Assembly:
1414 4 Section 5. The School Code is amended by changing Section
1515 5 7-1 as follows:
1616 6 (105 ILCS 5/7-1) (from Ch. 122, par. 7-1)
1717 7 Sec. 7-1. Changing boundaries by detachment or
1818 8 dissolution.
1919 9 (a) School district boundaries may be changed by
2020 10 detachment, annexation, division or dissolution or any
2121 11 combination thereof by the regional board of school trustees
2222 12 or by the State Superintendent of Education as provided in
2323 13 subsection (l) of Section 7-6.
2424 14 The petition must be filed with and decided solely by the
2525 15 regional board of school trustees of the region in which the
2626 16 regional superintendent of schools has supervision and
2727 17 control, as defined in Section 3-14.2 of this Code, of the
2828 18 detaching or dissolving school district. The petition may be
2929 19 filed in any office operated by the regional superintendent
3030 20 with supervision and control, as defined in Section 3-14.2 of
3131 21 this Code, of the detaching or dissolving school district.
3232 22 A petition for boundary change must be filed by the school
3333 23 board of the detaching or dissolving district, by a majority
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3737 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4618 Introduced , by Rep. Harry Benton SYNOPSIS AS INTRODUCED:
3838 105 ILCS 5/7-1 from Ch. 122, par. 7-1 105 ILCS 5/7-1 from Ch. 122, par. 7-1
3939 105 ILCS 5/7-1 from Ch. 122, par. 7-1
4040 Amends the Boundary Changes Article of the School Code. With respect to a petition to change school district boundaries, provides that the length of time for signatures to be valid, before the filing of the petition, shall not exceed one year (rather than 6 months). Effective immediately.
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6868 1 of the legal resident voters in the dissolving district, or by
6969 2 two-thirds of a combination of the legal resident voters and
7070 3 the owners of record of any real estate with no legal resident
7171 4 voters in any territory proposed to be detached. If any of the
7272 5 territory proposed to be detached contains real estate with no
7373 6 legal resident voters, petitioners shall deliver the petition
7474 7 by certified mail, return receipt requested, to all owners of
7575 8 record of any real estate with no legal resident voters. Proof
7676 9 of such delivery must be presented as evidence at the hearing
7777 10 required under Section 7-6 of this Code. Any owner of record of
7878 11 real estate with no legal resident voters in any territory
7979 12 proposed to be detached may either sign the petition in person
8080 13 and before the circulator as described in this Section or
8181 14 return the petition with his or her notarized signature to be
8282 15 included as a petitioner. No person may sign a petition in the
8383 16 capacity of both a legal resident voter and owner of record. If
8484 17 there are no legal resident voters within the territory
8585 18 proposed to be detached, then the petition must be signed by
8686 19 all of the owners of record of the real estate of the
8787 20 territory. Legal resident voters shall be determined by the
8888 21 official voter registration lists as of the date the petition
8989 22 is filed. No signatures shall be added or withdrawn after the
9090 23 date the petition is filed. The length of time for signatures
9191 24 to be valid, before filing of the petition, shall not exceed
9292 25 one year 6 months. Notwithstanding any provision to the
9393 26 contrary contained in the Election Code, the regional
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104104 1 superintendent of schools shall make all determinations
105105 2 regarding the validity of the petition, including, without
106106 3 limitation, signatures on the petition. If the regional
107107 4 superintendent determines that the petition is not in proper
108108 5 order or not in compliance with any applicable petition
109109 6 requirements, the regional superintendent may not accept the
110110 7 petition for filing and may return the petition to the
111111 8 petitioners. Any party who is dissatisfied with the
112112 9 determination of the regional superintendent regarding the
113113 10 validity of the petition may appeal the regional
114114 11 superintendent's decision to the regional board of school
115115 12 trustees by motion, and the motion must be heard by the
116116 13 regional board of school trustees prior to any hearing on the
117117 14 merits of the petition.
118118 15 Petitions for detachment and dissolution shall include the
119119 16 full prayer of the petition with a general description of the
120120 17 territory at the top of each page. Each signature contained
121121 18 therein shall match the official signature and address of the
122122 19 legal resident voters as recorded in the office of the county
123123 20 clerk or board of election commissioners, and each petitioner
124124 21 shall record the date of his or her signing. Except in
125125 22 instances of a notarized signature of an owner of record of
126126 23 real estate with no legal resident voters in any territory
127127 24 proposed to be detached, each page of the circulated petition
128128 25 shall be signed by a circulator stating that he or she has
129129 26 witnessed the signature of each petitioner on that page.
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140140 1 Detachment petitions containing 10 or fewer signatures may be
141141 2 notarized in lieu of a circulator statement. Each petition
142142 3 shall include an accurate legal description and map of the
143143 4 territory proposed to be detached. If a petition proposes to
144144 5 dissolve an entire district, then the full name and number of
145145 6 the district and a map are sufficient. Each petition shall
146146 7 include the names of petitioners; the district to be dissolved
147147 8 or the district from which the territory is proposed to be
148148 9 detached; the district or districts to which the territory is
149149 10 proposed to be annexed; evidence that the detaching or
150150 11 dissolving territory is compact and contiguous with the
151151 12 annexing district or districts or otherwise meets the
152152 13 requirements set forth in Section 7-4 of this Code; the
153153 14 referendum date, if applicable; and facts that support
154154 15 favorable findings for the factors to be considered by the
155155 16 regional board of school trustees pursuant to Section 7-6 of
156156 17 this Code.
157157 18 Where there is only one school building in an approved
158158 19 operating district, the building and building site may not be
159159 20 included in any detachment proceeding.
160160 21 Notwithstanding any other provisions of this Code, if,
161161 22 pursuant to a petition filed under this subsection (a), all of
162162 23 the territory of a school district is to be annexed to another
163163 24 school district, then any action by the regional board of
164164 25 school trustees in granting or approving the petition and any
165165 26 change in school district boundaries pursuant to that action
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176176 1 is subject to and the change in school district boundaries may
177177 2 not be made except upon approval, at a regular scheduled
178178 3 election, in the manner provided by Section 7-7.7 of this
179179 4 Code, of a proposition for the annexation of all of the
180180 5 territory of that school district to the other school
181181 6 district.
182182 7 No petition may be filed under this Section to form a new
183183 8 school district under this Article; however, such a petition
184184 9 may be filed under this Section to form a new school district
185185 10 if the boundaries of such new school district lie entirely
186186 11 within the boundaries of a military base or installation
187187 12 operated and maintained by the government of the United
188188 13 States.
189189 14 (b) Any elementary or high school district with 100 or
190190 15 more of its students residing upon territory located entirely
191191 16 within a military base or installation operated and maintained
192192 17 by the government of the United States, or any unit school
193193 18 district or any combination of the above mentioned districts
194194 19 with 300 or more of its students residing upon territory
195195 20 located entirely within a military base or installation
196196 21 operated and maintained by the government of the United
197197 22 States, shall, upon the filing with the regional board of
198198 23 school trustees of a petition adopted by resolution of the
199199 24 board of education or a petition signed by a majority of the
200200 25 registered voters residing upon such military base or
201201 26 installation, have all of the territory lying entirely within
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212212 1 such military base or installation detached from such school
213213 2 district, and a new school district comprised of such
214214 3 territory shall be created. The petition shall be filed with
215215 4 and decided solely by the regional board of school trustees of
216216 5 the region in which the regional superintendent of schools has
217217 6 supervision and control, as defined by Section 3-14.2 of this
218218 7 Code, of the school district affected. The regional board of
219219 8 school trustees shall have no authority to deny the detachment
220220 9 and creation of a new school district requested in a proper
221221 10 petition filed under this subsection. This subsection shall
222222 11 apply only to those school districts having a population of
223223 12 not fewer than 1,000 and not more than 500,000 residents, as
224224 13 ascertained by any special or general census.
225225 14 The new school district shall tuition its students to the
226226 15 same districts that its students were previously attending and
227227 16 the districts from which the new district was detached shall
228228 17 continue to educate the students from the new district, until
229229 18 the federal government provides other arrangements. The
230230 19 federal government shall pay for the education of such
231231 20 children as required by Section 6 of Public Law 81-874.
232232 21 If a school district created under this subsection (b) has
233233 22 not elected a school board and has not become operational
234234 23 within 2 years after the date of detachment, then this
235235 24 district is automatically dissolved and the territory of this
236236 25 district reverts to the school district from which the
237237 26 territory was detached or any successor district thereto. Any
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248248 1 school district created under this subsection (b) on or before
249249 2 September 1, 1996 that has not elected a school board and has
250250 3 not been operational since September 1, 1996 is automatically
251251 4 dissolved on the effective date of this amendatory Act of
252252 5 1999, and on this date the territory of this district reverts
253253 6 to the school district from which the territory was detached.
254254 7 For the automatic dissolution of a school district created
255255 8 under this subsection (b), the regional superintendent of
256256 9 schools who has supervision and control, as defined by Section
257257 10 3-14.2 of this Code, of the school district from which the
258258 11 territory was detached shall certify to the regional board of
259259 12 school trustees that the school district created under this
260260 13 subsection (b) has been automatically dissolved.
261261 14 (Source: P.A. 100-374, eff. 8-25-17.)
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